November
27, 2003

County official criticizes Village’s caboose lease

An official with
the Greene County Park District has advised the Village that its lease
with Caboose Bike & Skate “clearly violates the conditions established”
by the Ohio Department of Transportation and the Federal Highway Administration
when the Village and Greene County were planning for the bikepath in the
1980s.

James A. Schneider,
the park district’s assistant director and trail manager, recommended
in a letter that the Village cease leasing the two yellow cabooses, which
it owns, for private enterprise, or relocate the cabooses, and therefore
Caboose Bike & Skate, away from the bikepath right-of-way.

While Schneider’s
letter states that the Village’s lease violates an agreement with
the state, a letter from Kathy A. Ferguson, the deputy chief legal counsel
for ODOT, says that the department “has no authority to authorize
the operation of a business” along the bikepath right-of-way.

The two letters may
add to the confusion surrounding the Village and its lease with Caboose
Bike & Skate. The letters, which the Village received this month and
released for Village Council’s meeting Nov. 17, responded to a request
from Village Manager Rob Hillard asking Greene County, the state and the
Federal Highway Administration to allow the “continuation of rental
of skates and bikes” from the cabooses on the bikepath.

The Village solicitor,
John Chambers, said that the state’s response “makes it essential
to try to resolve the issue at the federal level.”

Hillard’s request
is the result of action taken in the summer by Council, which has claimed
that its lease with Caboose Bike & Skate does not comply with legislation
a previous Council passed in 1986 stating that “roadside stands
and other private installations” are prohibited within the bikepath
right-of-way.

Council plans to
bring the Caboose business “into compliance” with the 1986
legislation by limiting its business to rentals only. Council has said
that the Village’s original intent was to allow a bike and skate
rental business to operate out of the cabooses as an amenity to the bikepath.

However, Caboose
Bike & Skate, which is owned by Doug and Chris Roberts, has a 10-year
lease with the Village allowing it to sell and rent bicycles, roller skates
and related items. The Roberts have argued that the business has always
sold bicycles since it opened more than 10 years ago.

In her letter to
the Village, Ferguson said that it’s up to the Village to decide
the scope of Caboose Bike & Skate’s business. The 1986 legislation
does not give ODOT jurisdiction to maintain or regulate the bikepath,
Ferguson said.

Last week, Hillard
declined to answer questions about the two letters.

Council president
Tony Arnett said that he needed to discuss the county’s letter with
Chambers before commenting on its contents and how Schneider’s position
could affect the Village’s efforts. He did note that because Greene
County is responsible for maintaining the bike trail, “they’re
an important partner” for the Village.

Council plans to
discuss the situation with Hillard and Chambers during an executive session,
which is closed to the public, at its next meeting, Dec. 1. The private
conversation is being called based on “pending litigation,”
which is allowed under the state’s Open Meeting Law.

The Roberts have
lobbied Council to find a solution to allow them to stay in business.
Both they and Schneider, for instance, have suggested that the Village
move the bikepath so the cabooses would not sit within the right-of-way.
This would be similar to the design of the bikepath in front of the Yellow
Springs Train Station, another structure that the Village owns where a
private enterprise, the Chamber of Commerce, is located.

The couple has also
said that they would consider taking legal action against the Village
for what they describe as a violation of their lease with the Village.

On Monday, Doug Roberts
said that it would be premature to take legal action right now. He said
that his attorneys have called Council’s resolution from the summer
“just a piece of paper” and that the Roberts’s lease
with the Village is still legal. He also said that if the Village does
break the lease the Roberts would “incur damages” and would
deserve compensation.

Roberts noted that
the business, which he said they had hoped to sell this year, has “already
incurred damages.”

“Who’d
buy the business?” he asked. “The lease is in question.”
Plus, Roberts said, Council’s action would affect the value of the
Caboose Bike & Skate. He said that sales make up over half the company’s
revenue.

Roberts also disagreed
with Schneider’s claim that congestion around the cabooses “has
gotten much worse” over the years. Roberts said that congestion
in that area is “pretty rare” since there are now more places
to access the bikepath and his customer count is about one-third what
it was eight years ago.